Mississippi Code
Involuntary Dissolution and Liquidation
§ 81-27-8.107. Collection of debts and claims; commissioner succeeds to all property of the state trust company

Upon taking possession of the assets and business of any state trust company by the commissioner, or a duly appointed agent, the commissioner or agent is authorized to collect all money due the state trust company, and to do such other acts as are necessary to conserve its assets and property, and shall proceed to liquidate the affairs thereof, as hereinafter provided. The commissioner, or a duly appointed agent, shall collect all debts due and claims belonging to the state trust company, by suit, if necessary; and, by motion in the pending action, and, upon authority of an order of the presiding chancellor of the district, may sell, compromise or compound any bad or doubtful debt or claim, and may upon such order, sell the real and personal property of the state trust company on such terms as the order may provide or direct, except that where the sale is made under power contained in any mortgage or lien bond or other paper wherein the title is retained for sale and the terms of sale set out, sale may be made under that authority.
Upon taking possession of any state trust company under this section, the commissioner and/or the duly appointed agent, shall have the possession and the right to the possession of all the property, assets, choses in action, rights and privileges of the state trust company, including the right to resign the trust or exercise the power in all papers executed to secure the payment of money in any form in which the state trust company shall have been named as trustee and/or pledgee, and such property right and privileges shall vest in the commissioner and/or duly appointed liquidating agent absolutely, for the purpose of liquidating, and sales and conveyance of the same, together with any and all other incidental rights, privileges, and powers necessary and convenient for the enjoyment of the right of conveyance and sale and for the exercise of the same. Upon the motion made, the state trust company or any person interested, may be heard, but the chancellor hearing the motion shall enter an order as in the chancellor's discretion will best serve the parties interested.
The officers and directors of any state trust company, or any state trust company that is in liquidation as provided by law, shall not hereafter exercise any powers herein declared to be vested in the commissioner, and/or the duly appointed liquidating agent.

Structure Mississippi Code

Mississippi Code

Title 81 - Banks and Financial Institutions

Chapter 27 - Multistate, State and Limited Liability Trust Institutions

Article 8 - Dissolution and Receivership; Conservatorship

Involuntary Dissolution and Liquidation

§ 81-27-8.101. When commissioner may take charge

§ 81-27-8.102. Directors may act

§ 81-27-8.103. Notice of seizure; bar to attachment

§ 81-27-8.104. Notice to trust institutions, corporations and others holding assets; liens not to accrue

§ 81-27-8.105. Permission to resume business

§ 81-27-8.106. Remedy for seizure; answer to notice, injunction; and appeal

§ 81-27-8.107. Collection of debts and claims; commissioner succeeds to all property of the state trust company

§ 81-27-8.108. Bond of the commissioner; surety; condition; minimum penalty

§ 81-27-8.109. Inventory

§ 81-27-8.110. Notice and time for filing claims

§ 81-27-8.111. Power to reject claims; notice; affidavit of service; action on claims

§ 81-27-8.112. List of claims presented and deposits; copies; proviso

§ 81-27-8.113. Declaration of dividends; order of preference in distribution

§ 81-27-8.114. Deposit of funds collected

§ 81-27-8.115. Employment of counsel; accountants; and other experts; compensation

§ 81-27-8.116. Unclaimed dividends held in trust

§ 81-27-8.117. Action by the commissioner following full settlement

§ 81-27-8.118. Annual report of the commissioner; items included

§ 81-27-8.119. Compensation of the commissioner

§ 81-27-8.120. Exclusive method of liquidation

§ 81-27-8.121. Disposition of books and records

§ 81-27-8.122. Destruction of books and records

§ 81-27-8.123. Trust terminated on insolvency of state trust company

§ 81-27-8.124. Petition for new trustee

§ 81-27-8.125. Publication and notice

§ 81-27-8.126. Appointment where no objection made

§ 81-27-8.127. Hearing upon objection

§ 81-27-8.128. Registration of final order

§ 81-27-8.129. Petition and order applicable to all instruments

§ 81-27-8.130. Additional remedy

§ 81-27-8.131. Report to the Secretary of State